General Star National Insurance Company v. Chapman, et al.

Filing 60

ORDER that the court shall not enter a Pretrial Order and Case Management Plan at this time and directs the parties to file a new Certification and Report of F.R.C.P. 26(f) Conference and Discovery Plan with fifteen (15) days of the District Courts ruling on the motions referenced in this Order. Signed by Magistrate Judge Dennis Howell on 11/16/11. (nll)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11 CV 54

GENERAL STAR NATIONAL
INSURANCE COMPANY,

)
)
)
Plaintiff, and
)
)
NATIONAL CASUALTY COMPANY, )
)
Intervening Plaintiff,
)
)
Vs.
)
)
GLEN E. CHAPMAN, CITY OF
)
HICKORY, DENNIS A. RHONEY, AND )
ROBERT A. MULLINAX, AS PUBLIC )
ADMINISTRATOR FOR THE ESTATE )
OF MARK R. SAMS,
)
)
Defendants.
)
_______________________________
)

ORDER

THIS MATTER is before the court pursuant to a “Certification and Report of
F.R.C.P. 26(f) Conference and Discovery Plan” (#39). In the document, the parties
proposed to defer discovery until after there has been a ruling on dispositive motions
which were to be filed by October 30, 2011. After the filing of the certification on
September 9, 2011, there has been filed a Motion for Judgment on the Pleadings
(#37), a further Motion for Judgment on the Pleadings (#44), a Motion to Dismiss
Claims (#47), and a Motion for Summary Judgment (#52). In light of these filings,
the undersigned will not at this time enter a Pretrial Order and Case Management Plan.
The undersigned will direct the parties to file a new certification and report within

fifteen (15) days of the District Court’s ruling on the above referenced motions.

ORDER
IT IS, THEREFORE, ORDERED that the court shall not enter a Pretrial
Order and Case Management Plan at this time and directs the parties to file a new
Certification and Report of F.R.C.P. 26(f) Conference and Discovery Plan with fifteen
(15) days of the District Court’s ruling on the motions referenced in this Order.

Signed: November 16, 2011